Parental Rights from the Founding to Present Day @TheFederalistSociety
Parental Rights from the Founding to Present Day  @TheFederalistSociety
Uploaded July 2026 | Updated September 2026, 2 weeks ago
Parental rights have long occupied an important place in American law and political thought. While the Supreme Court today generally recognizes parental rights as fundamental, the constitutional foundations of those rights remain the subject of significant debate. Modern doctrine, reflected in cases such as Meyer v. Nebraska, Pierce v. Society of Sisters, Troxel v. Granville, and more recent disputes involving parental authority over children’s education and upbringing, largely rests on substantive due process—a doctrine that itself remains controversial.

This webinar will explore parental rights from their roots in natural law and the political thought of the American Founding through their development in modern constitutional jurisprudence. What did the Founders understand the parent-child relationship to entail, and how did earlier natural-law traditions shape those views? How did parental rights come to be recognized as fundamental within American constitutional law? And looking forward, what is the strongest constitutional foundation for protecting parental rights? Should substantive due process remain the primary vehicle, or are there alternative constitutional grounds that may provide a more secure basis for these protections?


Featuring:

Michael P. Farris, General Counsel, NRB
Prof. Martin Guggenheim, Fiorello LaGuardia Professor of Clinical Law Emeritus, New York University School of Law
Prof. Melissa Moschella, Professor of the Practice, Philosophy, McGrath Institute for Church Life, University of Notre Dame
Anthony Sanders, Director, Center for Judicial Engagement, Institute for Justice
(Moderator) Gene C. Schaerr, Partner, Schaerr Jaffe LLP

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
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Parental Rights from the Founding to Present Day

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